ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02471
COUNSEL: YES
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was medically separated.
________________________________________________________________
RESUME OF CASE:
On 5 Mar 13, the Board considered the applicants request and determined the applicant had not demonstrated that his entry-level separation was improper. In the initial case, the applicant requested his records be changed to reflect his characterization of discharge be changed to honorable, his narrative reason for discharge be changed, he be disability retired with a service connected post-surgical 100 percent disability rating, he be reimbursed for out-of pocket expense, time off work, and for his personal insurance costs, as well as, be promoted to the grade of senior airman. The Board concluded that although the applicant had disclosed a history of chronic knee pain secondary to left meniscal and left anterior cruciate ligament injuries, the evidence of record taken as a whole, was not substantial to reach the conclusion that it was permanently aggravated; thus, necessitating his processing through the Military Disability Evaluation system. For a description of the facts and circumstances of the Boards original consideration of his case, see the Record of Proceedings at Exhibit I.
On 18 Sep 13, by virtue of a DD Form 149, with attachments, the applicant requested reconsideration of the Boards previous decision regarding his request for an upgrade of his discharge to honorable with a service connected injury. The applicant is contending the Department of Veterans Affairs (DVA) determination to award him a 10 percent combined rating substantiates his entry-level separation with uncharacterized service is unwarranted.
The applicants complete submission, with attachments, is at Exhibit J.
________________________________________________________________
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined there was insufficient evidence to warrant any corrective action. After thoroughly reviewing the additional documentation submitted in support of his appeal, the Board majority is not convinced the applicant has been a victim of an error or injustice. In this respect, we note that while the Department of Veterans Affairs (DVA) determined the applicant to receive a 10 percent combined disability rating, the DVA disability evaluation system operates under Title 38 and is authorized to provide continuing medical care and assistance to all eligible veterans. The DVA is empowered to periodically re-evaluate veterans for the purpose of adjusting the disability rating should the applicants degree of impairment vary over time. Therefore, while the applicant argues that recent determinations by the DVA constitute new and relevant evidence that should form the basis of our reconsideration of this case, our review of the evidence indicates that the DVAs position on the applicants service connected disabilities is separate and independent of the initial consideration of this case. Therefore, the majority of the Board finds no basis upon which to recommend favorable consideration of the applicants request.
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RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2012-02471 in Executive Session on 6 Jan 15, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
By a majority vote, the members voted to deny the applicants request. voted to correct the record; however, he declined to submit a minority report. The following documentary evidence was considered:
Exhibit I. Record of Proceedings, dated 19 Mar 13, w/atchs.
Exhibit J. DD Forms 149, dated 18 Sep 13, w/atchs.
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